Chapter 17.721
SIGN REGULATIONS
Sections:
17.72.010 Purpose and objectives.
17.72.020 Zoning sign permit application.
17.72.025 Exemptions from requirement for sign zoning permit.
17.72.050 Nonconforming signs.
17.72.055 Temporary and portable signs.
17.72.090 Permanent signs in the R1-5, R1-7.5, R1-10, R1-RE, RM, RR, VR, and NP-NCR zones.
17.72.100 Permanent signs in all other zones.
17.72.110 Illumination – General restrictions.
17.72.120 Electronic display centers and changeable copy signs.
17.72.010 Purpose and objectives.
A. The purpose of this chapter is to improve the aesthetic quality of the city in a manner which recognizes and balances the need for permanent signs with other visual, aesthetic, economic, and safety concerns of the city by:
1. Protecting the health, safety, and welfare of the public;
2. Facilitating communication between people through establishment of a comprehensive system regulating permanent signs in the city;
3. Minimizing adverse safety factors to pedestrians, bicycles, and vehicles;
4. Enhancing the overall aesthetics of the city;
5. Providing permanent signs that are legible, neat, clean, and in good repair, thereby establishing and maintaining an orderly appearance for the city;
6. Providing for safe construction, location, erection, and maintenance of permanent signs;
7. Preventing proliferation of signs and sign clutter by regulating the number and size of permanent signs;
8. Ensuring signage does not create an impermissible conflict with statutory, administrative, or constitutional standards;
9. Providing for fair and consistent enforcement of the sign regulations set forth herein; and
10. Ensuring that the constitutionally guaranteed right of free expression is protected. (Ord. 2020-14 § 1)
17.72.020 Zoning sign permit application.
A. Except as provided in LCMC 17.72.025, a zoning sign permit is required prior to erecting, constructing, placing, locating, attaching, affixing, moving, modifying, or altering any permanent sign or permanent sign structure.
B. An application for a zoning sign permit shall be made on a form prescribed by the director, shall contain all the information requested on the prescribed form, and shall be filed with the department.
C. A separate zoning sign permit application is required for each separate sign.
D. The payment of permit fees in the amount set by city council resolution is required for each separate sign.
E. A separate application through Lincoln County for an electrical permit may be necessary. It’s the applicant’s responsibility to contact Lincoln County and ascertain electrical permit requirements.
F. A separate application through the department for a structural permit may be necessary. It is the applicant’s responsibility to contact the building official and ascertain structural permit requirements. If a structural permit is required, it must be issued prior to erecting, constructing, placing, locating, attaching, affixing, moving, modifying, or altering any permanent sign or permanent sign structure. (Ord. 2020-14 § 1)
17.72.025 Exemptions from requirement for sign zoning permit.
The following list of items are exempt from the zoning sign permit requirement of this chapter, but they are still subject to the limitations of city code, including definitions:
A. Painting, repainting, cleaning, and maintaining an existing sign;
B. Signs that are designed to be read only from within buildings or other premises such as parking and maneuvering areas and interior spaces such as within multi-business complexes;
C. Integral signs;
D. Grave markers;
E. Government signs;
F. Vehicle signs that are not prohibited under LCMC 17.72.060;
G. Signs displayed upon a bus or vehicle owned by a public transit district or government agency;
H. Original art displays;
I. Utility signs;
J. Window signs, internally or externally illuminated, either directly or indirectly;
K. Signs incorporated into ATMs, fuel pumps, or vending machines;
L. Changing of sign copy; and
M. Changing of sign face provided no changes are made to the cabinet or other structural components of the sign and provided no changes or repairs are made to illumination. (Ord. 2020-14 § 1)
17.72.030 Construction.
A. All permanent signs and sign structures, including exemptions listed in LCMC 17.72.025, shall comply with the applicable provisions governing construction within and for the city, including all city, state, and federal rules and regulations.
B. Any applicable permits shall be obtained as required by city, state, or federal law and shall be obtained prior to construction or placement.
C. It is the responsibility of the individual wishing to construct or place the permanent sign to ascertain all requirements, prohibitions, exemptions, and permitting processes and to obtain all required permits prior to said construction or placement. (Ord. 2020-14 § 1)
17.72.035 Placement.
A. Placement is subject to compliance with clear-vision area requirements of LCMC 17.52.060;
B. All portions and components of permanent signs and sign structures must be placed such that no portion or component obstructs clear and unhindered passage of any vehicular, bicycle, or pedestrian traffic in any right-of-way;
C. All portions and components of permanent signs and sign structures must be placed outside of the required clear circulation path for ADA accessibility. In no case shall any portion or component of any permanent sign, sign structure, or any other item allowed in this chapter obstruct, impede, or be within the required clear circulation path unless a reduction in the width of the clear circulation path has been approved by the city engineer;
D. No portion or component of any permanent sign, sign structure, or any other item allowed in this chapter shall be placed or displayed in a manner that presents a safety hazard to pedestrians, bicycles/bicyclists, vehicles and drivers, or anyone else;
E. Except as provided in subsection (F) of this section, no sign shall be constructed, erected or maintained within public right-of-way, except as installed by a duly constituted governmental entity;
F. A protrusion over a city street or alley right-of-way may be approved by the city engineer, not to exceed 24 inches, provided the bottom of the sign is at least eight feet above finished grade and all applicable permits and license fees are paid for such encroachment into the public right-of-way. No protrusion into the Highway 101 right-of-way is allowed. (Ord. 2020-14 § 1)
17.72.040 Maintenance.
A. All permanent signs, along with all of their structures, components, poles, posts, supports, braces, guys and guy wires, anchors, etc., and any other item allowed by this chapter must be:
1. Maintained in a safe, hazard-free condition;
2. Maintained in a condition which is neat, clean, and in good repair;
3. Kept free from rust, corrosion, peeling paint, mold, mildew, or other surface deterioration;
4. Kept neatly and freshly painted or posted; and
5. Kept free of all extraneous items.
B. All permanent signs that are faded, torn, damaged, dirty, ripped, corroded, tattered, frayed, broken, hazardous, or in a state of disrepair must have immediate maintenance performed or be removed immediately, but no later than 30 days following the occurrence of the fading, tearing, damage, uncleanliness, etc.
C. A permanent sign structure must contain a sign face at all times, except during the time when the sign face has been temporarily (no more than 30 days) removed for repair or maintenance. Such sign face shall be neat, clean, and hazard-free. (Ord. 2020-14 § 1)
17.72.050 Nonconforming signs.
Nonconforming permanent signs may continue, subject to the restrictions in this section:
A. A nonconforming permanent sign or sign structure shall not be:
1. Expanded in size or height that increases the nonconformity; or
2. Relocated.
B. A nonconforming permanent sign may be maintained or altered, including changing the face and repair, provided no changes are made that would increase the nonconformity.
1. If a nonconforming sign is destroyed by wind, fire, rain, or by any other natural disaster, the sign shall not be replaced and shall lose its nonconformity and any remaining portions shall be removed; any new signage erected in its place shall comply with the provisions of this chapter. (Ord. 2020-14 § 1)
17.72.055 Temporary and portable signs.
Temporary and portable sign allowances are given in Chapter 9.34 LCMC. Definitions are listed in LCMC 17.08.010. (Ord. 2020-14 § 1)
17.72.060 Prohibitions.
A. The following are expressly prohibited, unless specifically stated otherwise in this chapter:
1. Flashing or blinking signs;
2. Unlawful signs;
3. Reflective signs or signs that contain mirrors;
4. Obstructions of traffic control markings or devices, traffic signals, or traffic signs;
5. Obstructions of drivers to pedestrians or pedestrians to drivers at or in marked or unmarked crosswalks;
6. Beacons, except those associated with emergencies or aircraft facilities, or placed by government agencies;
7. Inflatable signs that are attached to the property, ground, or other permanent structure;
8. Signs and components and elements of faces of signs that shimmer or contain reflective devices;
9. Signs which emit any odor, noise, or visible matter other than light;
10. Video signs;
11. Any sign erected, constructed, installed, displayed, placed, attached, affixed, maintained, or altered in a manner not in compliance with this chapter;
12. Signs which restrict, decrease, or obstruct any portion of required five-foot-wide clear circulation paths for ADA accessibility;
13. Signs constructed or maintained which, by reason of their size, location, movement, coloring or manner of illumination, may be confused with or construed as a traffic control device or which hide from view any traffic control device;
14. Signs (other than government signs) constructed in such a manner or at such a location that they will obstruct access to any fire escape or other means of ingress or egress from a structure, building, exit corridor, exit hallway, or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire;
15. Any sign attached to a tree, plant, shrub, living vegetation, traffic sign or device, utility pole or box, or street light, except as otherwise allowed or required by the government or utility, by this chapter, or by other chapters of the code;
16. Projected image signs;
17. Vehicle signs which are any of the following: internally or externally illuminated signs; video signs; animated signs; moving or rotating signs; flashing or scrolling signs; or signs that move, shimmer, contain reflective or glaring devices or use or contain any form of electronic, electrical, battery-operated, computer-operated, or digital mechanisms;
18. Vehicles or trailers used as signs or as bases for signs where the primary purpose of the vehicles or trailers in that location is their use as a sign; and
19. Temporary signs including but not limited to flying signs, pennants, strings and streamers, inflatable signs, flags, and the like unless specifically allowed by Chapter 9.34 LCMC;
20. Signs prohibited by state or federal law;
21. Signs that create glare.
B. Specially prohibited signs by zoning district include the following:
1. Signs on undeveloped lots or parcels in the GC, PI, RC, PC, MW, TVC, OPD and NPD zones. (Ord. 2020-14 § 1)
17.72.070 Measurements.
The following shall be used in measuring a permanent sign to determine compliance with this chapter:
A. Sign Area.
1. The area of the sign is computed by calculating the area encompassed within any regular geometric figure that would enclose the sign (excluding the sign structure and structural supports). When the sign is broken into different parts, the geometric figure shall be placed around each individual part for calculating the area of that part, and then adding the sum of the parts, to reach the overall sign area. See Figure 17.72.070-1 below.
Figure 17.72.070-1: Sign Area Measurements
B. Height.
1. Height of sign is measured from the grade of the curb line closest to the base of the sign to the highest point of the sign. In the absence of a curb line, the edge of the street pavement shall be used. In the absence of street pavement, the finished grade directly adjacent to or underneath the sign shall be used.
C. Double or Multi-Faced Signs. Allowable sign square footage applies to only one side of double or multi-faced signs, provided each face is identical in size.
D. Clearance. Clearance of a sign is measured from the finished grade directly underneath the sign to the lowest point of the sign. (Ord. 2020-14 § 1)
17.72.080 Reserved.
(Ord. 2020-14 § 1)
17.72.090 Permanent signs in the R1-5, R1-7.5, R1-10, R1RE, RM, RR, VR, and NP-NCR zones.
The following permanent signage is allowed in the R1-5, R1-7.5, R1-10, R1RE, RM, RR, VR, and NP-NCR zones:
A. A permitted and approved nonresidential use may have permanent signage not exceeding 50 square feet in area. Permanent signage may be wall signs, roof signs, blade signs, suspended signs, canopy signs, awning signs, or marquee signs or freestanding ground, pole, or monument signs, with no limitation on the number of signs, provided the total permanent signage square footage does not exceed 50 square feet in area.
B. In the RM zone, sites with a permitted and approved multi-unit dwelling use may have permanent signage not exceeding 50 square feet in area. Permanent signage may be attached wall signs, roof signs, blade signs, suspended signs, canopy signs, awning signs, marquee signs or freestanding ground, pole, or monument signs, with no limitation on the number of signs, provided the total permanent signage square footage does not exceed 50 square feet in area.
1. Sites in the RM zone containing at least two buildings, wherein each of the buildings has three or more residential units, may have one additional sign not to exceed 20 square feet, as well as one additional sign per building, not to exceed 10 square feet for each such sign.
C. Changeable copy signs, electronic message centers, and signs that are internally illuminated are prohibited, except that changeable copy signs, electronic message centers, and signs that are internally illuminated may be approved with conditional use approval, and as accessory to a conditional use allowed in the zone, under LCMC 17.77.060, and subject to the following:
1. Compliance with provisions of LCMC 17.72.110;
2. Compliance with provisions of LCMC 17.72.120;
3. Compliance with all required building and electrical code permitting;
4. Animation is prohibited;
5. Light colors such as white and cream are prohibited. Lettering shall be on a black background. Red lettering is recommended;
6. Full-screen illumination is prohibited.
D. External illumination may be provided in accordance with the provisions of LCMC 17.72.110. (Ord. 2022-08 § 1; Ord. 2020-14 § 1)
17.72.100 Permanent signs in all other zones.
The following permanent signage is allowed in all other zones besides R1-5, R1-7.5, R1-10, R1RE, RM, RR, VR, and NP-NCR zones:
A. Attached Signs. Attached signs allowed by this code are wall signs, blade signs, suspended signs, canopy signs, awning signs, or marquee signs.
1. Number. There is no limit to the number of attached signs on a building with either one tenant space or with more than one tenant space, subject to the aggregate total area limitation of subsection (A)(2) of this section.
2. Area.
a. Buildings are allowed a minimum of 25 square feet of attached sign area regardless of the amount of frontage or tenant spaces.
b. When a building contains more than one tenant space, each tenant space is allowed a minimum of 25 square feet of attached sign area.
c. Tenant spaces with more than 25 lineal feet of frontage are allowed to increase the 25-square-foot minimum by one square foot for each lineal foot of frontage.
d. In no case shall the total square footage of attached sign area on one building exceed 100 square feet, regardless of the number of tenant spaces and regardless of the amount of frontage.
Figure 17.72.100-1: Examples of Attached Signs (from Top, Left to Right: Wall, Blade, Wall, Blade).
3. Attached signs may be illuminated, subject to the provisions of LCMC 17.72.110.
B. Roof Signs. Each building is allowed one roof sign not to exceed 50 square feet in area.
1. Roof signs may not extend more than six feet above a flat roof or the ridge of a pitched roof.
2. In no case may the combined height of the building and sign exceed the building height limitations of the underlying zone.
3. Illumination may be incorporated into roof signs, subject to the provisions of LCMC 17.72.110.
C. Freestanding Signs. Freestanding signs are ground signs, monument signs, and pole signs.
1. Number.
a. One freestanding sign is allowed per legal lot of record, provided the lot has 50 or more lineal feet of street frontage. Two or more contiguous lots under the same ownership, wherein each of the lots have less than 50 lineal feet of street frontage, may have their street frontages combined for purposes of determining the lineal feet of street frontage for the one allowed freestanding sign. This is the only instance where street frontages may be combined for sign allowance purposes.
b. In cases where a legal lot of record has multiple street frontages, each of which exceeds 100 lineal feet, that legal lot of record may have one freestanding sign for each such street frontage, provided the freestanding sign allotted per street frontage is placed adjacent, and oriented, to the street frontage from which the allowance is obtained.
i. Additionally, if one or more of the multiple street frontages exceed 200 lineal feet, then one additional freestanding sign may be placed adjacent, and oriented, to such street frontage that exceeds 200 lineal feet.
2. Area Limitations.
a. The allowed area of a freestanding sign is one square foot of sign area per one lineal foot of street frontage, up to a maximum area of 100 square feet.
3. Placement.
a. Freestanding signs must comply with clear-vision area requirements of LCMC 17.52.060.
b. No freestanding sign may be within 100 linear feet of another freestanding sign on the same legal lot of record.
4. Height.
a. The maximum height of a freestanding sign is 20 feet measured as the vertical distance from the highest point of the sign, including any vertical projection thereof, to the level of the street upon which the sign faces, or the adjoining ground level, if it is above the street level.
b. Where the adjoining ground level is the reference in determining the permissible height of a freestanding sign, it is unlawful to alter the grade or ground level below the sign so as to allow a taller sign. (Ord. 2020-14 § 1)
17.72.110 Illumination – General restrictions.
A. No sign, light, lamp, bulb, tube, or device shall be used or displayed in violation of this section.
B. No light source shall create an unduly distracting or hazardous condition to a motorist, pedestrian, or the general public.
C. External light sources for a sign shall be directed and shielded to limit direct illumination of any object other than the sign.
D. The illumination of signs shall comply with the following:
1. Neon, LED, or incandescent illumination is allowed, subject to these standards.
2. Illumination is allowed either internally, externally, directly, or indirectly, subject to these standards.
3. No exposed reflective type bulb, par spot, nor incandescent lamp, which incandescent lamp exceeds 25 watts, shall be exposed to direct view from a travel way, but may be used for indirect light illumination of the display surface of a sign.
4. When neon tubing is employed for illumination, the capacity of such tubing shall not exceed 300 milliamperes rating for white tubing nor 100 milliamperes rating for any colored tubing.
5. When fluorescent tubes are used for interior illumination of a sign, such illumination shall not exceed illumination equivalent to 800 milliamperes rating tubing behind a sign face spaced at least nine inches, center to center. (Ord. 2020-14 § 1)
17.72.120 Electronic display centers and changeable copy signs.
A. All electronic display centers shall come equipped with automatic dimming controls that automatically adjust the display brightness based on ambient light conditions such as from day to night or on a cloudy day.
B. No electronic display center shall exceed a brightness level of 0.3 foot-candles above ambient light as measured using a foot-candle (LUX meter at a present distance depending on sign area). Measuring distance shall be determined using the square root of the product of the sign area and one hundred. (Example using a 12-square-foot sign: square root of (12 times 100) equals 34.6 feet measuring distance.)
C. One electronic display center or changeable copy sign is allowed per legal lot of record provided the legal lot of record has at least 40 lineal feet of street frontage.
D. The display in the electronic display center may not change or move more often than once every hour.
E. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects.
F. The electronic display center must be designed and equipped to freeze the element’s display in one position if a malfunction occurs.
G. Sign area of the display portion of the electronic display center or changeable copy sign may not exceed 30 percent of the provided sign face.
H. The electronic display center or changeable copy sign must be part of an attached sign or freestanding sign, is not allowed as a separate sign, and is included in the calculation of allowed attached or freestanding sign face area.
I. Incorporation of electronic display centers and changeable copy signs:
1. Electronic display centers may be incorporated into either attached or freestanding signs, but not roof signs.
2. Changeable copy signs may be incorporated into either attached or freestanding signs, but not roof signs.
3. Electronic display centers and changeable copy signs are only allowed as part of permanent attached or freestanding signs and may not be utilized as stand-alone permanent signs.
4. Electronic display centers and changeable copy signs are subject to the provisions of LCMC 17.72.110 and this section. (Ord. 2020-14 § 1)
17.72.130 Violations.
Any sign that is located, constructed, maintained, repaired, or used in violation of city code constitutes a nuisance. The city may take action against such as provided in Chapter 17.84 LCMC or as provided in Chapter 8.12 LCMC. (Ord. 2020-14 § 1)
Code reviser’s note: Section 14 of Ord. 2020-14 provides: “Measure 49 Reservation. Notwithstanding the amendment and removal of existing sign regulations as set forth in this ordinance, LCMC 17.72 as it existed on the date of this ordinance adoption, is preserved in its entirety for purposes of application of such regulations to residential compensation claims, if any, made pursuant to Ballot Measure 49. This reservation does not modify or alter previous Measure 49 reservations concerning this chapter.”